Tuesday, December 27, 2016

FSSAI withdraws requirement of Board Resolution for licences under FSSR

FSSAI (Food Safety and Standards Authority of India) has issued an order clarifying that it has withdrawn the prerequisite of Board Resolution for a point of contact in FBOs (Food Business Operators) with regard to issuing of licences under FSS Regulations 2011. Instead FBOs will have to go for Form IX.

The order says that FSSAI has received  intimation about state licensing authority and Central licensing authority seeking a copy of Board Resolution to include the name of nominee and licences of FBOs that have been rejected for non-submission of the resolution.
The order stated, “It is clarified that Board Resolution is not mandatory for nominating person in charge responsible for complying with conditions of licences and for the said purpose Form IX is to be required which must be signed by director or authorised signatory of the company.”
The order added that all licensing authorities are advised not to insist on submission of copy of Board Resolution for nomination of persons responsible for complying with the condition of licences.
It is pertinent to mention here that requirement of nomination by the company in prescribed proforma i.e. Form IX is mandated under Rule 2.5.1 and 2.5.2 of FSS Rules 2011 wherein it prescribes that company shall intimate the name of person responsible for complying with conditions of licences to licensing authority.
According to sources, this rule was taken from the erstwhile PFA Act, 1954, wherein production managers of the FBOs were required to be nominated for the said purpose.